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	European Network for Indigenous Australian Rights: news
		Recognising native title was a giant legal step but making a claim was complicated and took years.
		Under the 1993 Act, native title rights could only be claimed on vacant or Crown lands, not on freehold land (so no-one was going to lose their back garden).
		Amendments to the 1993 Native Title Act were forced through Parliament in 1998, against the express wishes of Aboriginal and environmental groups.
	www.eniar.org /nativetitle.html (612 words)

	Native title - Wikipedia, the free encyclopedia
		Native Title is a recognition under Australian law of the pre-existing rights of Aboriginal and Torres Strait Islander peoples (ie the rights they had and exercised before Australia was settled) and it is not the same as Land Rights Aboriginal Land Rights Acts.
		Native Title law was subsequently modified by the High Court's Wik Decision in 1996 that not all pastoral leases extinguished Native Title, as had hitherto been assumed by some commentators.
		The Native Title Act was amended by further legislation (the Native Title Amendment Act) in 1998 with the aim of streamlining the claims system, and granting better security of tenure to non-indigenous holders of pastoral leases and other land title, where that land might potentially be claimable under the Native Title Act.
	en.wikipedia.org /wiki/Native_title (614 words)

	Encyclopedia: Native title
		Native title is a concept in the law of Australia that recognises the continued ownership of land by local Indigenous Australians.
		Native title determinations are made by the High Court of Australia, the Federal Court of Australia or a recognised body, such as South Australia's Supreme Court and Environment Resources and Development Court.
		Native title rights can not be assigned or transferred, although they can be surrendered to the Crown and, in certain circumstances, they can be extinguished.
	www.nationmaster.com /encyclopedia/Native-title (693 words)

	Native Title
		title, native title is extinguished to the extent of the inconsistency.
		Accordingly when looking at the question of extinguishment of native title one had to look at both the legislation under which it was granted and the "instrument" (the lease, licence or title document) that applied to the land in question to determine to what extent it extinguished native title.
		He found that Native Title had ceased to exist by the 1880's, relying primarily for this conclusion on discrepancies between the reminiscences of a white pastoralist present in the area in the 1840's and those of a white missionary writing at the turn of the century.
	rodhagen.customer.netspace.net.au /nativetitle.html (4233 words)

	Federal Court of Australia - information for litigants
		Under the Native Title Act 1993 (Cth), the Federal Court of Australia is responsible for the management and determination of all applications relating to native title in Australia.
		Staff with experience in native title are also available in most Registries of the Court to assist applicants and parties in the practice and procedures of the Court and to assist in the organisation of hearings in remote localities.
		A determination of native title is a decision by the Court whether or not native title exists in relation to a particular area of land or waters.
	www.fedcourt.gov.au /litigants/native/litigants_nt_what.html (1439 words)

	CLC \| Our Land
		Arrernte native title claimant Rosie Ferber presenting evidence to the Federal Court's Justice Olney during the hearing for the Alice Springs (Arrernte) Native Title Claim in 2000.
		Native title is the name used by the Australian High Court to describe the rights and interests Aboriginal people have over their lands and dating from long before European settlement of Australia.
		Native title is held by Aboriginal and Torres Strait Islanders peoples who have maintained a 'continuing connection' with their lands and waters, in accordance with their traditions.
	www.clc.org.au /ourland/nativetitle.asp (1011 words)

	E Law: APPLYING THE NATIVE TITLE ACT 1993
		Native title may be lost by extinguishment in the exercise of the Crown's sovereign power whether by legislative or executive action.
		The principal purpose of the Native Title Act 1993 is to provide a mechanism for recognition and protection of native title, for validation of past acts which may have been invalid because of their discriminatory impact on native title and for compensation on.
		Native title as recognised at common law has hard edges and corners which are at odds with the Aboriginal view of traditional society.
	www.murdoch.edu.au /elaw/issues/v2n1/french21.html (8781 words)

	E Law: Demystifying Native Title
		Generally, no two sets of native title rights will be the same: the rights they confer depend for their content on the traditional laws and customs of the relevant Aboriginal group, and it would be surprising for two groups to have identical laws and customs.
		Where native title has not been wholly extinguished, the rights conferred by valid statutory grants can probably be exercised according to their terms, but the rights of native titleholders must also be taken into account.
		In addition, native titleholders may be entitled to further compensation for the effect on native title of the exercise of rights held concurrently in relation to the same land.
	www.murdoch.edu.au /elaw/issues/v4n3/vanh43.html (6600 words)

	WebLaw - Native Title
		The purpose of this Act is to: (a) to validate, in accordance with the Native Title Act 1993 of the Commonwealth, past acts that are invalid because of the existence of native title; (b) to provide for compensation rights for the holders of native title which has been...
		Under the Native Title Act 1993 (Cth), the Federal Court of Australia is responsible for the management and determination of all applications relating to native title in Australia.
		The Native Title Unit in the Attorney-General's Department is responsible for the formulation and provision of legal and legal policy advice to the Federal Government on native title and for assisting the Attorney-General in the administration of those parts of the Native...
	www.weblaw.edu.au /weblaw/display_page.phtml?WebLaw_Page=Native+Title (1762 words)

	Australian Government Attorney-General's Department - Native Title Unit - Alternative State Regimes
		Under section 32 of the Native Title Act 1993, if the government considers that the proposed grant is an act attracting the expedited procedure, the government may a statement to that effect include in the notice under section 29.
		A native title party may, within four months after being given the notice under section 29 of the Native Title Act 1993, lodge an objection with the arbitral body (generally the National Native Title Tribunal) against the inclusion in the notice of a statement that the act attracts the expedited procedure.
		The type of procedural rights that native title holders must be given under State and Territory regimes varies depending on the type of land over which the act is to be done, and the type of act that is involved.
	www.ag.gov.au /agd/WWW/nativetitleHome.nsf/Page/Alternative_Regimes (1764 words)

	Office of Native Title Start Page
		The Office of Native Title is responsible for the implementation of the State Government's native title policy.
		Where possible, the Office of Native Title is to resolve all native title matters in Western Australia by agreement.
		The Office represents the State's interests in every native title determination application over land and water, and takes the lead in the negotiation and implementation of major projects on land under native title claim.
	www.nativetitle.wa.gov.au (107 words)

	Native Land Claims
		The Natives are asking both for full title to the lands they claim and for compensation in the form of monetary settlements for lands already taken from their claim areas.
		Native leaders have taken the position that title to lands they have used and occupied is necessary to maintain the traditional way of life and that at the same time the land and resources are necessary in order for the Native people to move into the contemporary mainstream..
		Natives resent allegations that their claims are impeding the development of the state and point out that their inability to gain title in past years has cost the state and federal Government more in welfare money (because without title they were unable to develop their lands) than the present claims will ever cost.
	www.alaskool.org /projects/ancsa/articles/iser1967/native_land_claims.html (6718 words)

	NATIVE TITLE ACT 1993
		Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of Commonwealth 23H.
		Confirmation of partial extinguishment of native title by previous non-exclusive possession acts of State or Territory 23J.
		Determination whether native title to be held in trust 57.
	www.austlii.edu.au /au/legis/cth/consol_act/nta1993147 (2061 words)

	Native Title and Land Rights - Aboriginal Art Online
		Native Title is the term used by the High Court of Australia to describe the common law rights and interests of Aboriginal and Torres Strait Islander peoples in land and waters according to their traditions, laws and customs.
		Under the common law, both "freehold" and "leasehold" title were seen as providing the holder with "exclusive possession", which according to Mabo extinguished native title.
		Accordingly, when looking at the question of extinguishment of native title, it is necessary to look at both the legislation under which it was granted and the lease or title document that applied to the land in question.
	www.aboriginalartonline.com /culture/native-title.html (467 words)

	Native title (Site not responding. Last check: 2007-10-11)
		Amendments to the Native Title Act were eventually passed in 1998, despite strong opposition from indigenous and many non-indigenous Australians.
		A discriminatory aspect of the Commonwealth's approach to native title which has received comparatively little consideration is the ongoing extinguishment of native title caused as a result of the deliberately inadequate resources provided to indigenous bodies charged with protecting native title.
		Meanwhile, a number of important recent High Court and Federal Court decisions on native title claims continue to clarify the legal status of native title, particularly with respect to the issue of extinguishment.
	www.antar.org.au /ntitle.html (342 words)

	Environment/health inspectors: Native Title checklist for environmental health inspectors
		Native title is the term used by the High Court to recognise certain communal, group or individual rights of Aboriginal and Torres Strait Islander people in land and waters according to their traditional laws and customs.
		Native title can only be claimed in areas where it has not been extinguished (removed).
		When renewing or issuing permits, licences or leases for an area where native title exists or may exist and it affects native title, there are due processes that Council will need to follow for the activity to be valid, or for it to be immune from injunctive action.
	www.alga.asn.au /policy/indigenous/nativeTitle/checklists/environmental.php (1525 words)

	Australia Now - Indigenous Land Rights and Native Title
		Native title rights and interests are based on laws and customs that pre-date the British acquisition of sovereignty.
		Native title rights and interests may exist over land and waters to the extent that they are consistent with other rights established over the land by law or executive action.
		The Act gives Indigenous Australians who hold native title rights and interests, or who have made a native title claim, the right to be consulted on, and in some cases to participate in, decisions about activities proposed to be undertaken on the land.
	www.dfat.gov.au /facts/indg_landrights.html (863 words)

	National Native Title Tribunal: Applications: Applications and Determinations
		Native title describes the rights and interests of Aboriginal and Torres Strait Islander people in land and waters, according to their traditional laws and customs, that are recognised under Australian law.
		Native title holders have the right to be compensated if governments acquire their land or waters for future developments.
		A native title determination is the legal recognition of the rights and interests held by Indigenous Australians according to traditional laws and customs.
	www.nntt.gov.au /applications/apps_landing.html (327 words)

	Local Government Association of South Australia - Native Title - Adelaide, South Australia
		The State-wide ILUA Negotiations were established by the previous government as a way of fostering native title agreements and avoiding costly court processes.
		The Commonwealth has foreshadowed reforms to the native title system including to its non-claimant funding support arrangements designed to "encouarage agreement making rather than litigation." More can be found regarding these changes by visiting the Commonwealth Attorney-General's website, and the LGA will ensure Councils are provided with final details once they are made available.
		The agreement, known under the Native Title Act as an Indigenous Land Use Agreement or ILUA, is being used to construct a template to assist other Councils - by the parties to State-wide ILUA talks including the LGA.
	www.lga.sa.gov.au /site/page.cfm?u=262 (585 words)

	ANU - Centre for Aboriginal Economic Policy Research - Effects of Native Title Workshop
		This claim was lodged with the National Native Title Tribunal in 1997 and eight years on we are 'tired from talking' and engaging in a process that works on the assumption that we have to justify and prove our ownership of homelands, while government and other 'stakeholders' presume control over our traditional lands.
		White discourse which is 'native title' can stifle, smother and extirpate custodial Indigenous knowledge to the point that government policy and expert opinion from the legal fraternity and the anthropological industry become the owners of knowledge in modernity.
		Native title sits on the tongue of some traditional custodians as does mucus rise from the throat when suffering a chest infection.
	www.anu.edu.au /caepr/nativetitle.php (4938 words)

	South Australian Native Title Negotiations (Site not responding. Last check: 2007-10-11)
		ALRM believes the native title talks will bring about certainty for all people who are interested in land use; native title claimants, farmers and pastoralists, miners, government and many others.
		Native Title Management Committees are expected to nominate their delegates before negotiations begin.
		Agius, P. and Davies, J. Initiatives in native title and land management in South Australia: the statewide native title negotiations process.
	www.iluasa.com /alrm.asp (594 words)

	DTRD - NATIVE TITLE
		Native Title has had its greatest impact in regional Australia, in particular on the mining and pastoral industries.
		The amendments reflect a balance between the continued recognition and protection of native title and the economic development of the nation.
		The Wik decision has overturned one of the fundamental assumptions of governments when the legislation was passed: that the grant of a valid lease extinguished native title.
	www.budget.gov.au /1997-98/dtrdnati.asp (712 words)

	HREOC Website: Aboriginal and Torres Strait Islander Social Justice (Site not responding. Last check: 2007-10-11)
		Reform is necessary to ensure that the law of native title is consistent with international law and while this can occur through legislative amendment at the State or Federal level, other approaches, such as regional agreements, can also provide a means by which Indigenous rights and interests are recognised and protected.
		The 2000 Native Title Report of Dr Jonas, Aboriginal and Torres Strait Islander Social Justice Commissioner, finds that Australian law of native title, both the common law and statute provide insufficient protection to the relationship that the Indigenous peoples of Australia have with their traditional land and sea country.
		The first Native Title Report dealt with the period from the commencement of the NTA on 1 January 1994 to 30 June 1994, and focused on the operation and human rights aspects of the NTA in its implementation phase.
	www.hreoc.gov.au /social_justice/nt_reports.html (1290 words)

	Massive native title claims backlog - National - theage.com.au
		A SHORTAGE of native title anthropologists is delaying the settlement of indigenous land claims and adding to a backlog of close to 600 unresolved native title cases.
		Anthropologists are crucial to native title mediation because they have to prove whether a claimant is connected — under their own laws and customs — to the land they have claimed.
		In 2004 there were 45 native title anthropologists at land councils, according to a report by Anthropos Consulting for the National Native Title Tribunal, and fewer than 20 at government agencies.
	www.theage.com.au /news/national/massive-native-title-claims-backlog/2007/01/03/1167777154131.html?from=rss (615 words)

	Native title claims 'face big hurdles' - National - theage.com.au
		IT IS now impossible for many Aborigines to prove they have native title over a piece of land — even if they do — because the legal hurdles are so high, according to the head of the Government's native title mediator.
		In their submission to the appeal, the lawyers say that while the state and Commonwealth argue the Noongar decision wrongly relied on the concept of communal native title, "the form of native title recognised in Mabo …; was communal in character".
		Mr Neate told The Age that to prove native title, claimants had to show "their ancestors had a society (linked) by traditional laws and customs when the Crown first established sovereignty … and that the traditional laws and society continues substantially uninterrupted to the present".
	www.theage.com.au /news/national/native-title-claims-face-big-hurdles/2007/04/19/1176697005275.html (567 words)

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